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Landlords timely delivered itemized damages notice to former tenants

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The date a tenant provides her forwarding address to her landlord triggers the 45-day period the landlord has to deliver the itemized damages to the tenant, the Indiana Court of Appeals ruled Thursday.

A small claims judge ordered landlords Lindsay and Kristopher Washmuth to return Johnny and Amy Wiles’ $1,500 security deposit, $800 in attorney fees and other costs after determining the Washmuths’ itemized statement of damages regarding the security deposit was not timely.

The Wileses rented a residence in Lapel from the Washmuths and moved out April 1, 2013, one day after their lease expired. The Wileses refused to provide a new address initially, directing their landlords on April 29, 2013, to send the itemized list to their attorney’s address.

The Wileses sued for return of their deposit. After receiving the Wileses’ new address on the small claims filing, the Washmuths mailed the damages list to them May 28, 2013, seeking more than $1,900 in damages and to keep the security deposit as well as money for unpaid utilities.

The small claims court found that the Wileses had provided the landlords with a permanent address – a P.O. Box in Lapel as well as the address of their attorney. As such, the judge ruled the itemized statement was not timely.

In Lindsay Washmuth and Kristopher Washmuth v. Johnny Wiles and Amy Wiles,  48A04-1310-SC-515, the Court of Appeals reversed, noting that the tenants didn’t provide a mailing address until April 29, which triggered the 45-days under statute the Washmuths had to deliver the itemized damages notice. The notices sent May 28 and June 8 were therefore timely.

“[W]e conclude that, if a tenant immediately provides a forwarding address upon termination of the rental agreement and delivery of possession, a landlord has forty-five days to deliver the itemized damages to the tenant. However, if the tenant fails to provide the forwarding address upon termination of the rental agreement and delivery of possession, … the landlord ‘is not liable . . . until supplied by the tenant with a mailing address to which to deliver the notice.’ The landlord’s obligation cannot begin to run until after the tenant has supplied a forwarding address. The landlord’s obligation to send the notice is tolled until it receives the forwarding address,” Judge Michael Barnes wrote.

 
 

 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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